N.M. Stat. Ann. § 28-1-12
Enforcement.
Operative Text
28-1-12. Enforcement.
If a respondent to a complaint filed pursuant to the Human Rights Act is not
complying with an order of the commission, the attorney general or district attorney, at
the request of the secretary, shall secure enforcement of the commission's order by a
district court. The proceeding shall be initiated by the filing of a petition in the district
court where the respondent is doing business or the alleged discriminatory practice
occurred. A copy of the petition shall be served on the respondent personally or by
registered mail, return receipt requested. The court may make and enter upon the
proceedings an order to decree enforcement of the order of the commission.
History: 1953 Comp., § 4-33-11, enacted by Laws 1969, ch. 196, § 11; 1987, ch. 342, §
23.Section 28-1-12 of New Mexico's Human Rights Act establishes a judicial enforcement mechanism for orders issued by the Human Rights Commission. When a respondent fails to comply with a commission order, the attorney general or district attorney — acting at the secretary's request — may petition a district court to compel compliance. The court where the respondent conducts business or where the discriminatory practice allegedly occurred has authority to enter its own order enforcing the commission's directive.
Plain English — not legal advice.
Under NMSA § 28-1-12, a property owner or manager who has been the subject of a Human Rights Commission order is expected to comply with that order's terms without requiring court intervention. Operators who receive such orders generally document their steps toward compliance and maintain records demonstrating adherence to the commission's directives. Failure to comply can trigger a formal district court proceeding initiated by the attorney general or district attorney.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 28-1-12 provides a meaningful backstop for complainants whose cases have resulted in a Human Rights Commission order that the respondent is ignoring. If a respondent is not following the commission's order, the enforcement process under this provision can be set in motion through the secretary, potentially leading to a district court order compelling compliance. Tenants in this situation may benefit from contacting the New Mexico Human Rights Bureau or a tenant-rights organization to understand how the enforcement request process works.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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